Broom, Doreen on 19 September 2008 at 12:12 said:
“I am not at all happy with this.”
Doreen, and others who may have an interest in this subject area:-
A few years ago I read, and have recently been referencing:
JÜRGEN. HABERMAS, BETWEEN FACTS AND NORMS : CONTRIBUTIONS TO A
DISCOURSE THEORY OF LAW AND DEMOCRACY (1996).
Which will probably assist in clarifying your unhappiness. The
following is an extract:
In this context, Denninger observes that "the accent has shifted from
a system based on a certainty of law [Rechtssicherheit] to one based on
a security of legal values [Rechtsgütersicherheit]" that modifies and
dissolves" individual legal protection.81 In addition, the welfare-
state dialectic of empowerment and tutelage is accelerated insofar as
constitutional control of the state's duty to protect has the effect of
building up and arming the constitutional state to the point where it
becomes the "security state" (Sicherheitsstaat)82: This is especially
true of the transformation of the boundary conditions of constitutional
freedom that occurs when a society produces so many security risks that
it is able to protect threatened constitutional values only by
considerably expanding the surveillance apparatus."83
In fact, however, legitimation problems cannot be reduced to the
inefficiency of administrative steering. Legitimation deficits result
from disturbances in the democratic genesis of law, regardless of how
such problems might be bound up with the effects of unsolved steering
problems. To regard legitimation problems simply as a dependent
variable in steering problems is falsely to assume that law, as
mobilized by the active state, is handed over to opportunistic efforts
to reconcile competing values in an arbitrary way. This picture is an
artifact of a false paradigmatic understanding of law. Insofar as it
has descriptive content, it simply results from a confusion that can be
cleared up with the proceduralist understanding of law: wherever
normative standards become contingent, regulatory law has been uprooted
from the soil of legitimate lawmaking. For such standards can develop
only in those public forums where individuals have the chance to
recount their lived experiences of repression and disrespect—and to
argue for criteria in the light of which like cases can be treated
alike and different cases differently.
If you have an interest in the legal perspectives of the
public/private divide, as many DP practitioners regularly wrestle with,
I would recommend reading that book.
For those more philosophically oriented I would suggest it as an
interesting read if only for an overall view of many of the strengths
and weaknesses, which seem to have driven Tony Blair during his term as
prime minister and which directly effected the structure and nature of
decisions made during that period.
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 19 September 2008 12:12
To: [log in to unmask]
Subject: Re: [data-protection] National Fraud Initiative
Surely though until a Serious Crime has been committed you don't hold
the information just in case...and after the exercise has been
completed do they destroy the information if no match has been found?
I am not at all happy with this.
D
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Dodgson
Sent: 19 September 2008 10:41
To: [log in to unmask]
Subject: Re: National Fraud Initiative
I have just provided advice to my organisation that as a result of
powers available in the Serious Crimes Act 2007, the Audit Commission
are on a winner (thanks to another list member for sending some data to
me).
Arun DC tried to challenge but have since withdrawn and have asked the
ICO to investigate (likely that some fence sitting will occur).
I am still advising that we should ensure that all affected staff are
issued an FPN (so much for trust)
Regards
Paul
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 19 September 2008 10:03
To: [log in to unmask]
Subject: [data-protection] National Fraud Initiative
All
Your comments would be much appreciated. Audit Scotland are about to
data match employee details for the purposes of the above. However,
they are asking for all bank details. A great number of employees have
expressed concern (including myself) as I believe this is much more
information than is required for the above purposes. If a member of
staff is found to be committing fraud then I can see on an individual
basis that they could request such details if the fraud is being
investigated. Audit Scotland are saying the details are mandatory but
I think this is more than is required for the above purposes.
Also, I am of the belief that if individual members of staff object to
such details being released then I believe the Council have a duty to
adhere to their wishes. I think with all the data losses that have
been happening recently has triggered this off.
I would be most grateful for any comments.
Thanks,
Doreen
Doreen Broom
Access to Information Officer
Scottish Borders Council
Corporate Resources - Corporate Administration
Tel: 01835 826516
e-mail: [log in to unmask]
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